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18 DePaul J. Sports L. [1] (2022)

handle is hein.journals/jspocpd18 and id is 1 raw text is: The Employment Status of the Twenty-First Century NCAA Collegiate Athlete: An Evaluation of the Fair Labor Standards Act and the National Labor Relations Act By: Danielle L. Kennebrew, J.D., LL.M.* Introduction Throughout the course of the twenty-first century there have been many monumental, historical, trending topics, and events that have sparked dialogue and intellectual debate. One topic that has arguably cemented its place within the century is the highly debated issue regarding the employment status of the National College Athletic Association (NCAA) collegiate athlete. Many commentators and scholars alike have expressed differing views on the topic. Some individuals hold the belief that collegiate athletes should not be granted employee status under federal laws, due to the underlying traditions of amateurism; while others believe that an employment relationship has formed between the collegiate athlete and his or her respective educational institution and the NCAA. This article will explore both viewpoints by examining the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) in an attempt to determine whether the NCAA collegiate athlete falls within the classification of an employee within the meaning of both federal laws. Part I will provide a historical overview of the NCAA's, FLSA's, and the NLRA's prohibitions against classifying collegiate athletes as employees. Part II will address the precedent set by Berger v. NCAA1. Part III takes a deeper dive into the economic realities test and its applicability to collegiate sports. Part IV provides an in-depth analysis of the relationship between the NLRA and the NCAA scholarship athlete. Lastly, this composition will offer recommendations for the future. I. Historical Overview: The NCAA's, FLSA's, and the NLRA's Prohibitions Against Classifying Collegiate Athletes as Employees A. National Collegiate Athletic Association (NCAA ) Throughout history, it can be said that intercollegiate athletics has held a very distinct and unique place within our society, nationally and internationally. The extensive history of intercollegiate athletics dates back to the nineteenth century with competitions between Cambridge University and Oxford University.2 At its inception, college athletics began as student organized extracurricular contests with the purpose of providing students with an outlet from the monotony *Master of Laws (LL.M.) specializing in Labor and Employment Law 2020, Wayne State University Law School. I would like to thank God for giving me the wisdom to successfully complete this composition. Many thanks to my advisor, Dr. Delores Mayer, for your insightful feedback, comments, and support with this project. I would also like to thank my family members for their continued encouragement. More specifically, I am grateful for the prayers, words of encouragement, and thoughtful feedback from my father (Frank Kennebrew, Esq.), mother (Dr. Angela H. Kennebrew), and sister (Gabrielle Kennebrew, MBA). To my friends, thank you all for your support. 1 843 F.3d 285 (2016). 2 Ronald A. Smith, Sports and Freedom: The Rise of Big-Time College Athletics 4-7 (1936).

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